Purchase a course multi-pack for yourself or a friend and save up to 50%!
5-COURSE MULTI-PACK $180
10-COURSE MULTI-PACK $300
Accelerated 1-year bachelor's program
Question 1
Lance goes down to a local sporting goods store and buys a new racing bike. Unfortunately, the bike has a manufacturing defect that causes the bolt holding the wheels to the bike to break when the bike travels at high speeds. While Lance is racing through the streets, this bolt breaks and the front wheel comes off the bike. Lance loses control of the bike, crashes into a tree, and suffers severe injuries. In a suit against the sporting goods store, Lance will probably:
Correct Case law has established that anybody who causes a product to "enter the stream of commerce" or "passes it on" in the stream of commerce can be held strictly liable. Here, the sporting goods store passed the bike along in the stream of commerce so they can be held liable under strict liability. Therefore, A is the correct answer.
Incorrect! Case law has established that anybody who causes a product to "enter the stream of commerce" or "passes it on" in the stream of commerce can be held strictly liable. Here, the sporting goods store passed the bike along in the stream of commerce so they can be held liable under strict liability. Therefore, A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
Lance goes down to a used bike shop and buys a new racing bike. Unfortunately, the bike has a manufacturing defect that causes the bolt holding the wheels to the bike to break when the bike travels at high speeds. While Lance is racing through the streets, this bolt breaks and the front wheel comes off the bike. Lance loses control of the bike, crashes into a tree, and suffers severe injuries. In a suit against the shop, Lance will probably:
Correct
Incorrect!
Correct Case law has established that anybody who causes a product to "enter the stream of commerce" or "passes it on" in the stream of commerce can be held strictly liable. However, most jurisdictions do not allow strict liability here because it is unreasonable for the buyer of a used product to expect the product to be completely free of defects. Therefore, Lance will have to prove common law negligence if he is going to recover against the shop and the correct answer is B.
Incorrect! Case law has established that anybody who causes a product to "enter the stream of commerce" or "passes it on" in the stream of commerce can be held strictly liable. However, most jurisdictions do not allow strict liability here because it is unreasonable for the buyer of a used product to expect the product to be completely free of defects. Therefore, Lance will have to prove common law negligence if he is going to recover against the shop and the correct answer is B.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Lance is interested in buying a racing bike. Greg, who lives down the block from Lance, is having a yard sale and Lance sees that Greg is selling a racing bike. Lance buys the bike from Greg. Unfortunately, the bike has a manufacturing defect that causes the bolt holding the wheels to the bike to break when the bike travels at high speeds. While Lance is racing through the streets, this bolt breaks and the front wheel comes off the bike. Lance loses control of the bike, crashes into a tree, and suffers severe injuries. In a suit against Greg, Lance will probably:
Correct
Incorrect!
Correct Case law has established that anybody who causes a product to "enter the stream of commerce" or "passes it on" in the stream of commerce can be held strictly liable. However, strict liability only applies to people regularly engaged in the business of manufacturing, selling or leasing the defective product. Amateur or occasional sellers of products will not be held strictly liable. Here, Greg is an amateur seller so strict liability will not apply to him. Therefore, Lance is going to have to prove common law negligence if he is to recover against Greg and B is the correct answer.
Incorrect! Case law has established that anybody who causes a product to "enter the stream of commerce" or "passes it on" in the stream of commerce can be held strictly liable. However, strict liability only applies to people regularly engaged in the business of manufacturing, selling or leasing the defective product. Amateur or occasional sellers of products will not be held strictly liable. Here, Greg is an amateur seller so strict liability will not apply to him. Therefore, Lance is going to have to prove common law negligence if he is to recover against Greg and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 4
Lance, an avid cyclist, buys a new BMX racing bike at the local sporting goods store. As part of a sales promotion that BMX is running, a company technician will come to the buyer's house and personally assemble the bike for the buyer. The day after Lance buys the bike, a BMX technician arrives at Lance's house to assemble the bike. Unfortunately, the technician does a poor job and, while Lance is riding through the streets, the front wheel of the bike comes loose. Lance loses control of the bike, crashes into a tree and suffers several broken bones. If Lance sues BMX, he will be able to recover in strict liability:
Correct
Incorrect!
Correct Strict liability can only be invoked in situations where the injury is caused by an actual product. That is to say, strict liability will not be invoked where plaintiff was injured by poorly performed services. Here, Lance's injuries were not caused by a defect in the bike. They were caused by negligently performed services. Thus, while Lance may recover in negligence, he will not be able to recover in strict liability and, therefore, the correct answer is FALSE.
Incorrect! Strict liability can only be invoked in situations where the injury is caused by an actual product. That is to say, strict liability will not be invoked where plaintiff was injured by poorly performed services. Here, Lance's injuries were not caused by a defect in the bike. They were caused by negligently performed services. Thus, while Lance may recover in negligence, he will not be able to recover in strict liability and, therefore, the correct answer is FALSE.
Question 5
Bill is sitting in his office when the light bulb in the ceiling fixture burns out. Bill drags a folding chair under the fixture and climbs up onto the chair to replace the bulb. As Bill is changing the bulb, the chair that he is standing on, which has been manufactured poorly, collapses. Bill falls to the floor and hits his head, suffering a concussion and several broken teeth. If Bill sues the chair manufacturer under a products liability theory, he will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct In order for a plaintiff to recover for products liability, his injuries must be the result of the normal or foreseeable use of the product. Please note that normal and foreseeable use does not necessarily mean intended use. So long as the unintended use was foreseeable, defendant could be liable even though the use was not the intended use of the product. Here, although standing on the chair was not the intended use of the chair, it is certainly a foreseeable use of the chair. Therefore, Bill will be able to recover for his injuries and D is the correct answer.
Incorrect! In order for a plaintiff to recover for products liability, his injuries must be the result of the normal or foreseeable use of the product. Please note that normal and foreseeable use does not necessarily mean intended use. So long as the unintended use was foreseeable, defendant could be liable even though the use was not the intended use of the product. Here, although standing on the chair was not the intended use of the chair, it is certainly a foreseeable use of the chair. Therefore, Bill will be able to recover for his injuries and D is the correct answer.
Question 6
RaceKarts, Inc. is a go-kart manufacturer. Their top of the line go-kart has an engine that allows the Kart to travel at speeds of up to 90 mph. However, due to safety concerns, the company installs a speed cap in each one of their karts that limits the kart to speeds of 45 mph. The company informs each buyer that the kart has a speed cap. Most buyers buy the karts anyway because the caps are easy to remove. Mario and Emerson each buy a kart and, being speed lovers, remove the caps before driving the karts. Mario and Emerson are racing their karts around a track when Mario loses control of his car and crashes into a wall. Mario, who was traveling at 85 mph when he hit the wall, is severely injured. In a suit against RaceKarts, Mario will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct If it is foreseeable that a buyer will try to modify a product after he buys it, the manufacturer may be liable for the harm caused if the product invited the modification. Here, it is foreseeable that the buyer of a go-kart will modify it to make to go faster. Therefore, Mario will be able to recover from RaceKarts and C is the correct answer.
Incorrect! If it is foreseeable that a buyer will try to modify a product after he buys it, the manufacturer may be liable for the harm caused if the product invited the modification. Here, it is foreseeable that the buyer of a go-kart will modify it to make to go faster. Therefore, Mario will be able to recover from RaceKarts and C is the correct answer.